The Beet Seed (England) Regulations 2002 (revoked)

Labelling of packages U.K.

23.—(1) Subject to paragraphs (2) and (3), no person shall market any breeder’s seed or officially certified pre-basic, basic [F1 , CS seed or test and trial seed] except in a package that is labelled in accordance with the following paragraphs of this regulation.

(2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing provided the identity of the seed is ensured.

(3) A person may market any seeds [F2 , other than test and trial seed] otherwise than in a package that complies with the other provisions of this regulation where—

(a) the seeds are sold in a quantity not exceeding 2.5 kilograms, and

(b) the seeds are taken, in the presence of the final consumer, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matters specified in paragraph 1 of Schedule 8.

(4) A package of breeder’s seed shall be labelled in accordance with paragraphs 2 and 3 of Schedule 8.

(5) A package of officially certified pre-basic seed shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 4 to 7 of Schedule 8, and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 21(c) of the Beet Seed Directive.

(6) A package (other than a small EC package) of officially certified basic or CS seed shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 8 to 12 of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 12(a) of the Beet Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of [F3 paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision] as they apply to basic or CS seed.

(7) A small EC package of officially certified basic or CS seed shall be labelled -

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 13 to 15 of Schedule 8, and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 13 of the Beet Seed Directive.

(8) A package (other than a small EC package) of officially certified basic or CS seed shall contain a document which—

(a) in the case of a package of seed sealed in England—

(i) is of the same colour as the official label fixed to the outside of the package in accordance with the provisions of paragraph (6)(a), and

(ii) contains the particulars specified in paragraph 8(c), (e), (f), (g) and (l) or (m) of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

is in accordance with the provisions of Article 12(b) of the Beet Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, is in accordance with the provisions of [F4 paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision] as they apply to basic or CS seed.

(9) The provisions of paragraph (8) shall not apply if—

(a) the particulars specified in paragraph (8)(a)(ii) are printed indelibly on the outside of the package, or

(b) the official label is an adhesive or a tear resistant label.

[F5 (9A) A package of test and trial seed shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 16, 17 and 18 of Schedule 8; and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 9 of the 2004 Commission Decision.]

(10) In the case of seed of a variety that has been genetically modified—

(a) any label or document, official or otherwise, which is fixed to or accompanies a seed lot or any part of a seed lot under the provisions of these Regulations, and

(b) any particulars given under paragraph (3),

shall clearly indicate that the variety has been genetically modified.

(11) If any breeder’s seed or officially certified pre-basic, basic [F6 , CS seed or test and trial seed] has been subjected to any chemical treatment then this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either—

(a) in a case where paragraph (3) applies, with the particulars given in accordance with that paragraph; and

(b) in a case where paragraph (3) does not apply—

(i) on a separate supplier’s label on the package; or

(ii) on the label required under paragraph (4), (5), (6) [F7 , (7) or (9A)] ;

and also, except where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or on a document enclosed inside the package.

(12) Subject to paragraph (13), if a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, has been resealed this fact shall be stated on the official label together with the date of resealing and the name of the authority responsible for the resealing.

(13) Where a package of seed of the type specified in paragraph 11, 12(3), 17, 18(3), 25 and 26(4) of Schedule 1 is resealed, the package shall be labelled with an OECD label containing the particulars otherwise required under this regulation.

(14) The particulars and the information given in accordance with this regulation shall be given in one of the official languages of the European Community.

(15) Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seed by himself or another person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label fixed to, contained in or marked on any package of seed or which is to be so fixed, contained or marked.

Textual Amendments

F1 Words in reg. 23(1) inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(7)(a)

F2 Words in reg. 23(3) inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(7)(b)

F3 Words in reg. 23(6)(c) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(9)(a)

F4 Words in reg. 23(8)(c) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(9)(b)

F5 Reg. 23(9A) inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(7)(c)

F6 Words in reg. 23(11) substituted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(7)(d)

F7 Words in reg. 23(11)(b)(ii) substituted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(7)(e)